Dram Shop Civil Actions
The term “Dram Shop” is a term generally used to refer to a civil action whereby the Plaintiff sues a bar or establishment for injuries caused by a patron who was overserved alcohol by that bar or establishment. It is most commonly seen in DUI cases with catastrophic injuries, but may also refer to assault/battery causes of action whereby a highly intoxicated restaurant patron beats another person up or otherwise causes incredible injuries.
Dram shop civil actions in Pennsylvania are governed by the Pennsylvania Liquor Code, specifically § 4-493. Unlawful acts relative to liquor, malt and brewed beverages and licensees [Effective January 1, 2025], which imposes liability on those who serve alcohol to visibly intoxicated individuals. Importantly, the statute does not create a private statutory cause of action but provides a legislative standard of conduct for which civil liability may be imposed through a common law tort action. Schuenemann v. Dreemz, LLC, 2011 PA Super 236.
To establish a claim under the Dram Shop Act, a plaintiff must demonstrate that an employee or agent of the defendant served alcohol to a visibly intoxicated person and that this service proximately caused the plaintiff's injuries. This can be proven through circumstantial evidence if direct eyewitness testimony is unavailable. The law generally focuses on visible signs of intoxication rather than medical diagnoses such as blood alcohol content. Jenkins v. Krivosh, 2015 Pa. Dist. & Cnty. Dec. LEXIS 236. In a classic example, a bar keeps serving a highly intoxicated individual, and that individual later causes a DUI car accident with severe injuries and/or death.
Also importantly, in Pennsylvania the imposition of liability is not limited to bars and other establishments but may be imposed on other actors who “furnish” alcohol to individuals who cause injury due to their intoxication. The Pennsylvania Supreme Court has clarified that the "sale" of alcohol or receipt of "remuneration" is not essential to a violation of the Dram Shop Act. Liability can arise from "furnishing" or "giving" alcohol to a visibly intoxicated person, regardless of whether the alcohol was sold or given for free. Klar v. Dairy Farmers of Am., 300 A.3d 361. However, for non-licensees (as in, not bars or resturants) to be subject to the Dram Shop Act, they must engage in the commercial or quasi-commercial sale of alcohol with the intent to obtain a profit. Klar v. Dairy Farmers of Am., 300 A.3d 361.
Dram shop is separate from simple negligence claims. Common law negligence claims can also be pursued alongside Dram Shop Act claims, provided that the threshold level of negligence, such as serving a visibly intoxicated patron, is established. The courts have recognized a common-law cause of action in negligence against licensees for injuries resulting from the furnishing of alcohol to visibly intoxicated customers. Sims v. Frank B. Fuhrer Holdings, Inc., 2012 Pa. Dist. & Cnty. Dec. LEXIS 309.
Finally, the purpose of the Dram Shop Act is to protect individuals from harm caused by the negligent service of alcohol, including protecting society in general and intoxicated persons from their inability to exercise due care. Before liability can be imposed, the plaintiff must be part of the protected class the statute itself is designed to safeguard. Juszczyszyn v. Taiwo, 2015 PA Super 71.
